| Call 1977
Experience and Expertise
This is a central area of Stephen’s practice. Over the years, he has undertaken transactional and dispute work in relation to practically all areas of real property, mortgages and securities, commercial landlord and tenant and some areas of residential tenancies.
Stephen’s approach is always thorough and analytical, and his advice commercial and realistic. He is well attuned to the requirements of his clients.
In Stephen’s early years at the Bar he appeared in leading court of appeal cases in the area, viz:
- Parker-Tweedale v Dunbar Bank (no 1)  Ch 12: mortgagee’s duty of care in selling property;
- Parker-Tweedale v Dunbar Bank (no 2)  Ch 26: right of mortgagee to add costs to security;
- Norwich & Peterborough BS v Steed (no 2):  Ch 116 rectification of land register in case of fraudulent sale under power of attorney, effect on mortgagee (and in the earlier hearing of the case at  2 All ER 880 obtained leave to appeal from the CA in a case which laid down the applicable guidelines).
Since then, Stephen has acted in an extremely wide range of property matters. More recent examples include the following:
- Cooper v Silverman  EWCA Civ 672 – Court of Appeal grant of permission to appeal following property dispute; application for condition to pay costs below; application for security for costs of appeal: extension of time for compliance and variation of order
- several vendors and purchaser cases, involving such matters as service of notice to complete, remedies for non-completion, misrepresentation and misdescription, vacant possession, implied easements and overage payments;
- beneficial ownership claims, sale of jointly owned property and proprietary estoppel claims;
- enforceability of restrictive covenants, including a modification application to the Lands Chamber (Upper Tribunal);
- developer’s application to modify restrictive covenant, whether beyond Land Chamber’s jurisdiction, and merits of application;
- boundary disputes and Party Wall Act agreements and disputes;
- adverse possession claims;
- severance of joint tenancy by act of bankruptcy;
- land registration questions in relation to rectification and proprietory estoppel claims;
- land registration adjudication claims in respect of disputed claim to beneficial ownership,
- claim for indemnity against land registry for rectification of register against owner;
- effect of grant and registration of new lease and transfer of freehold on claims by purchaser of former lease fraudulently granted in the name of a third party;
- interpretation and enforcement of easements;
- interpretation and enforcement of contract to purchase off-plan property with questionable completion date;
- mortgagee claims to possession, undue influence, non est factum, misrepresentation and fraud, costs questions, registration, priorities and rights of subrogation;
- many commercial landlord and tenant cases, including s 146 notices and forfeiture, damages for breach of repairing obligations, unlawful subletting, 1954 Act claims and renewals, rent reviews, assignment and liability of assignors and guarantors, and insurance obligations;
- leasehold enfranchisement;
- service charges.
Stephen has also undertaken advisory and drafting work in respect of property matters, including for: a major drinks company in relation to its franchisees involving complex property matters; a major oil company in relation to property, landlord and tenant and contractual matters in relation to its scheme to purchase properties for and let properties to its employees on redeployment; and a private golf club granting a Premier League football club an option to purchase land.